150U.K.The Mental Health Act 1983 is amended as follows.
151(1)Section 93 (judicial authorities and Court of Protection) is amended as follows.U.K.
(2)In subsection (1) for “Lord Chancellor shall” substitute “ Lord Chief Justice shall, after consulting the Lord Chancellor, ”.
(3)In subsection (3) for “Lord Chancellor” substitute “ Lord Chief Justice ”.
(4)In subsection (4) after “Lord Chancellor may” insert “ , with the concurrence of the Lord Chief Justice, ”.
(5)After subsection (4) insert—
“(5)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1), (3) or (4).”
152U.K.In section 94 (exercise of the judge's functions: the patient), in subsection (1) omit “by the Lord Chancellor or”.
153U.K.In section 96 (powers of the judge as to the patient's property and affairs), in subsection (3) omit “the Lord Chancellor or”.
154U.K.In section 104 (general powers of the judge with respect to proceedings), in subsection (3) omit “the Lord Chancellor or” in both places.
155U.K.In section 105 (appeals), in subsection (2) omit “from any decision of the Lord Chancellor or”.
156(1)Section 108 (general provisions as to rules under Part 7) is amended as follows.U.K.
(2)For subsection (1) substitute—
“(1)Rules under section 106(5) are to be made by the Lord Chancellor after consulting the Lord Chief Justice.”
(3)After subsection (2) insert—
“(3)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.”
(4)Paragraph 16 of Schedule 1 also amends section 108.
157(1)Section 111 (construction of references in other Acts) is amended as follows.U.K.
(2)In subsection (1) omit “by the Lord Chancellor or”.
(3)In subsection (2) omit “the Lord Chancellor,”.
(4)In subsection (4)—
(a)in paragraph (a) omit “the Lord Chancellor or”;
(b)in paragraph (b) omit “the Lord Chancellor,”.
158(1)Schedule 2 (mental health review tribunals) is amended as follows.U.K.
(2)In paragraph 1(b) and (c) omit “after consultation with the Secretary of State”.
(3)After paragraph 1 insert—
“1AAs part of the selection process for an appointment under paragraph 1(b) or (c) the Judicial Appointments Commission shall consult the Secretary of State.”